What is required to win a summary judgment?

A moving party must show there is no genuine dispute of material fact and that under governing law it is entitled to judgment as a matter of law; support this with admissible evidence and clear legal argument.

When should I file a motion?

File after discovery has produced an evidentiary record supporting your factual assertions; premature motions may be denied if key facts remain unresolved.

What evidence should I attach?

Attach authenticated documents, sworn declarations or affidavits, deposition excerpts, and any other admissible evidence that directly supports each factual statement in the motion.

How does the court evaluate the motion?

Courts view evidence in the light most favorable to the nonmoving party and deny summary judgment when reasonable jurors could find for the nonmoving party on material facts.

Can the motion be filed electronically and signed digitally?

Most federal and many state courts accept electronic filing; ensure your eSignature process meets court and vendor requirements and preserves an audit trail for authentication.

What happens if the motion is denied?

Denial leaves the case to proceed toward trial unless the court grants partial relief; parties may seek interlocutory appeal only in limited circumstances.

Electronic Signature
Templates
Other
Motion for Summary Judgment

Motion for Summary Judgment

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What a Motion for Summary Judgment Is and when it's used

A Motion for Summary Judgment is a written request asking a court to rule in a party's favor before trial because there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. In federal practice the motion relies on the standard in Federal Rule of Civil Procedure 56 and is supported by a concise statement of undisputed facts, affidavits or declarations, and cited exhibits. The motion aims to narrow issues or eliminate the need for trial by resolving purely legal questions on the existing record.

Why a Motion for Summary Judgment matters in litigation

It can resolve all or part of a case without trial, reduce litigation expense, and establish legal rulings that narrow subsequent discovery and trial preparation under the Federal Rules and applicable local rules.

Who typically prepares and files this motion

The motion is appropriate when discovery is substantially complete and the record supports legal argument that eliminates triable issues.

Plaintiff counsel — Asserts facts support judgment on liability or damages without need for trial.
Defense counsel — Argues the plaintiff lacks admissible evidence to prove essential elements.
In-house counsel / risk managers — Evaluate settlement leverage and litigation risk before moving forward.

Primary roles that sign and submit the motion

Plaintiff Attorney

Prepares the motion when plaintiff believes evidence conclusively establishes each required element. Drafts statement of undisputed facts and attaches admissible exhibits, affidavits, and supporting legal authorities tailored to the court's local rules and briefing schedule.

Defense Counsel

Files a cross-motion or opposition demonstrating disputed material facts and evidentiary gaps. May propose targeted discovery or present surveillance, declarations, or expert reports that create triable issues precluding summary judgment.

Step-by-step: preparing a compliant Motion for Summary Judgment

Follow a structured sequence: develop record, organize evidence, draft legal argument, and comply with local filing rules and service requirements.

01

Assemble record: Collect admissible evidentiary materials and discoverable transcripts.
02

Draft statement: Prepare a concise statement of undisputed facts with citations.
03

Legal memorandum: Argue standards of law and apply facts to the legal test.
04

File and serve: E-file per court rules and serve all parties properly.

How the motion proceeds through filing and response

The typical flow begins with filing and ends with a judge's ruling after briefing and, often, a hearing; follow local scheduling orders closely.

Draft motion: Prepare memorandum, facts, and exhibits for filing.
E-file motion: Submit via court electronic filing portals as required.
Opposition filed: Opponent responds with evidence disputing material facts.
Judge rules: Court issues an order after briefing and possible oral argument.

Digital workflow settings to prepare the filing packet

Configure your e-filing and eSignature workflow so each component of the motion is complete, labeled, and ready for submission.

Field	Configuration
Document format	PDF/A with embedded exhibits
File naming	CourtName_CaseNo_Motion_MSJ
Signature method	Attorney-signed electronic signature
Service method	E-service via CM/ECF or email per rules

Technical considerations for e-submission and signature

Ensure your platform captures a verifiable audit trail, preserves signed PDFs, and stores the administrative record for the retention period required by applicable law and local rules.

File formats: PDF, DOCX accepted
Authentication: Email or multi-factor options
Integrations: ECF and document management

Key components every professional Motion for Summary Judgment includes

A complete motion bundles legal argument, a statement of undisputed facts, admissible evidence, a proposed order, and proof of service to meet procedural standards.

Memorandum of Law

A focused legal brief explaining why no genuine issue of material fact exists and why judgment should follow as a matter of law under Federal Rule 56 and applicable precedent.

Statement of Facts

A numbered, nonargumentative listing of undisputed facts tied to admissible evidence and citations that the court can accept at face value.

Affidavits / Declarations

Signed declarations or sworn affidavits that authenticate documents and provide admissible testimony to support the facts stated in the motion.

Exhibits Index

A table or appendix identifying each exhibit, its source, and Bates range so the judge and opponent can locate supporting evidence quickly.

Proposed Order

A clear proposed order granting specific relief, with precise findings and an instruction for entry to simplify the court's docket work.

Certificate of Service

Proof that all parties received copies in the required manner and time, specifying date, method, and recipients to comply with service rules.

Security and compliance considerations for electronic evidence

Encryption in transit: TLS 1.2/1.3

Encryption at rest: AES-256 protected

Audit trail: Detailed signing logs

Regulatory compliance: ESIGN and UETA aligned

Healthcare data: HIPAA with BAA

Certification: SOC 2 Type II

Key procedural risks and potential consequences

Denial of motion: Case proceeds to trial

Sanctions risk: Improper filings may draw sanctions

Waiver of issues: Failing to raise issues can waive them

Late filing: Court may reject untimely briefs

Evidentiary gaps: Missing admissible proof defeats motion

Appeal exposure: Orders may be reviewed on appeal

Common mistakes to avoid when preparing the motion

Failing to present admissible evidence: relying on unauthenticated documents or unsworn statements risks immediate rejection by the court.
Overstating facts or making argumentative statements within the factual statement rather than reserving legal argument for the memorandum of law.
Ignoring local rules on page limits, formatting, or required filing forms can produce clerical denials or force costly re-filing.
Neglecting to cite controlling precedent or misapplying the summary judgment standard undermines persuasive force and invites denial.

Typical timing and briefing deadlines to watch

Timing varies by jurisdiction and case schedule; consult local rules and the court's scheduling order for exact deadlines before filing.

Motion filing period:

Usually after close of relevant discovery; check scheduling order

Opposition deadline:

Often 14 or 21 days after service, depending on local rule

Reply deadline:

Commonly 7 to 14 days after opposition is filed

Hearing schedule:

Court may set oral argument within 30–90 days

Discovery cutoff:

Must precede filing or court may deny as premature

Milestone timeline from filing to court ruling

A clear milestone view helps coordinate evidence assembly, briefing, and scheduling for hearings or settlement discussions.

01

File motion

Submit motion, statement of facts, exhibits, and proposed order

02

Opposition period

Opposing party files factual and legal response with evidence

03

Reply filing

Moving party responds to new points raised in opposition

04

Court ruling

Judge issues order granting, denying, or granting partial relief

How a Motion for Summary Judgment compares to a Motion to Dismiss

These motions serve different procedural functions and are evaluated under distinct legal standards and factual premises.

Criteria	Motion for Summary Judgment	Motion to Dismiss
Purpose	decide on undisputed facts	test pleading sufficiency
Fact reliance	requires evidentiary record	no evidentiary record
Timing	post-discovery typically	early, pre-discovery possible
Standard	no genuine issue of material fact	plausibility of claim

eSignature vendor comparison for preparing and e-signing court filings

Basic pricing and capability overview to help teams evaluate eSignature options for document preparation and secure signing; signNow is listed first per vendor convention.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	No	No	No	No
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	No cap	No cap	No cap

Frequently asked questions about Motions for Summary Judgment

Answers to common questions about form content, timing, evidence requirements, and electronic submission for Motion for Summary Judgment filings.

Need help? Contact support

What is required to win a summary judgment?
A moving party must show there is no genuine dispute of material fact and that under governing law it is entitled to judgment as a matter of law; support this with admissible evidence and clear legal argument.
When should I file a motion?
File after discovery has produced an evidentiary record supporting your factual assertions; premature motions may be denied if key facts remain unresolved.
What evidence should I attach?
Attach authenticated documents, sworn declarations or affidavits, deposition excerpts, and any other admissible evidence that directly supports each factual statement in the motion.
How does the court evaluate the motion?
Courts view evidence in the light most favorable to the nonmoving party and deny summary judgment when reasonable jurors could find for the nonmoving party on material facts.
Can the motion be filed electronically and signed digitally?
Most federal and many state courts accept electronic filing; ensure your eSignature process meets court and vendor requirements and preserves an audit trail for authentication.
What happens if the motion is denied?
Denial leaves the case to proceed toward trial unless the court grants partial relief; parties may seek interlocutory appeal only in limited circumstances.

Explore Templates

Revocation of Power of Attorney Louisiana Visitation Agreement Subpoena Duces Tecum Louisiana Petition to Change Name Louisiana Name Change for Minor Louisiana Verification and Consent to Independent Administration

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now